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Discrimination / Harassment

EEOC wrings $500,000 out of Everdry in harassment settlement

06/09/2010
Cincinnati-based Everdry Marketing and Management, a waterproofing firm, has paid more than $500,000 to satisfy a judgment won by a group of 13 women who filed sexual harassment claims against the company.

Prepare business case to justify job cuts

06/09/2010

Courts understand reductions in force and recognize that companies sometimes have to make tough decisions. When an employer can show it had good reasons for cutting employees through a RIF, affected employees will have to come up with solid discrimination evidence early in the litigation game.

Aggressively defend against even the flimsiest lawsuits

06/09/2010
Employees who lose their jobs often think the reason just has to be discrimination. Their first stop after receiving their pink slips: a lawyer’s office. If the resulting lawsuit is meritless, push hard for dismissal.

Getting ‘silent treatment’ isn’t adverse action

06/09/2010

When someone gets fired because a co-worker complained about discrimination, other employees may get upset. Frequently, they don’t know the back story and may ostracize the employee who originally complained about discrimination. That’s especially true if the terminated employee was well liked. However, courts generally won’t consider it an adverse employment action if workers give the complaining employee the “silent treatment.”

Austin fire department prevails in gender bias lawsuit

06/07/2010
Following two days of deliberation, a Travis County jury has ruled against an Austin firefighter who accused the Austin Fire Department of discrimination.

Repeated bra snapping leads to resignation and lawsuit

06/02/2010

Bical Chevrolet in Queens is facing a sexual harassment lawsuit for what sounds like something out of junior high. Katherine Salas accuses two Bical managers, Charlie Albanese and Michael Inserillo, of snapping her bra up to six times a day and smacking her bottom with a wooden backscratcher.

Liability for aiding, abetting possible under state law

06/02/2010
You may not be liable personally under the ADA, but that doesn’t mean you are entirely off the hook. Under the New York State Human Rights Law, an individual who “actually participates in the conduct giving rise to the discrimination claim” can be held liable for the consequences.

Court calls it ‘nonsensical’: Prejudice against the prejudiced isn’t covered discrimination

06/02/2010
Sometimes, it seems as if employees just make up reasons to sue their employers. Fortunately for employers, when employees’ claims turn out to be ludicrous, courts quickly dismiss the lawsuits.

Failing to investigate nebulous charges isn’t a federal case–and it’s not retaliation

06/02/2010

Employees who complain about alleged discrimination are protected from retaliation for doing so. In order for the employee to win a lawsuit, the retaliatory act must be adverse—that is, it must be an act that affects the employee in more than an inconsequential way. In a recent case, an employee claimed that by merely ignoring her complaint, her employer was retaliating. The 2nd Circuit Court of Appeals nixed that idea.

Court: You must act to prevent harassment

06/02/2010

If you thought having a sexual harassment policy and a clear process for complaining was enough in New York, think again. The Court of Appeals of New York has ruled employers have to prevent supervisor harassment or face strict liability. The court rejected the so-called Faragher-Ellerth defense and said employers are strictly liable for supervisor harassment even if that harassment doesn’t result in direct employment-related harm.